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FY2024 Community Development Block Grant Funding Agreement Copyrighted August 7, 2023 City of Dubuque Consent Items # 09. City Council Meeting ITEM TITLE: FY2024 Community Development Block Grant Funding Agreement SUM MARY: City Manager recommending approval of the FY24/PY23 Community Development Block GrantAgreement and authorize the mayorto execute the contract on behalf of the City. RESOLUTION Authorizing Execution of FY24/PY23 Community Development Block GrantAgreement SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo FY24 CDBG GrantAgreement- Memo Staff Memo Grant Agreement Resolution Resolutions FY24 CDBG GrantAgreement Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FY 2024 Community Development Block Grant Funding Agreement DATE: July 25, 2023 Housing & Community Development Director Alexis Steger is recommending City Council approve the FY24/PY23 Community Development Block Grant Agreement and authorize the Mayor to execute the contract on behalf of the City. The FY 2024 Annual Action Plan provides for use of Community Development Block Grant (CDBG) funds for the anticipated entitlement of$1,031,452 and revenues of $273,222 in program income, for a total of$1,304,674. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Mary Bridget Corken-Deutsch, Community Development Specialist Dubuque THE CITY OF � D L � i I-hmericaC'; U Masterpiece an the Mississippi ,��;.��,,.,�13:,�,; To: Michael C. Van Milligen, City Manager From: Alexis M. Steger, Housing & Community Development Director Subject: FY 2024 Community Development Block Grant Funding Agreement Date: July 17, 2023 BACKGROUND The City submitted an Annual Action Plan to the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program, which has been approved. The FY 2024 Annual Action Plan provides for use of Community Development Block Grant (CDBG) funds for the anticipated entitlement of $1,031,452 and revenues of$273,222 in program income, for a total of$1,304,674. DISCUSSION The Annual Action Plan was approved by HUD, and the grant agreement for this funding may now be executed. Activities in the FY24/PY23 Annual Action Plan to be carried out by this plan includes several programs such as First Time Home Buyer, Homeowner Rehab, Neighborhood Recreation Programs, and Lincoln Wellness Project that will meet the 5-year Consolidated Plan Goals as well as the Goals and Priorities of the City Council. RECOMMENDED ACTION I respectfully request the City Council approve the FY24/PY23 Community Development Block Grant Agreement and authorize the Mayor to execute the contract on behalf of the City. Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist RESOLUTION NO. 242-23 RESOLUTION AUTHORIZING EXECUTION OF FY24/PY23 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT Whereas, the City of Dubuque receives Community Development Block Grant funding annually; and Whereas, the City Council approved the Fiscal Year 2024 budget that included Community Development Block Grant allocation; and Whereas, the City Council and the Federal Department of Housing and Urban Development have approved an Annual Action Plan for the allocation of this funding in accordance with our Consolidated Plan; and Whereas, all services provided will meet a national objective to assist a majority low-moderate income residents, eliminate slum or blight, or meet an urgent need. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the FY24/PY23 Community Development Block Grant Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Section 3. That the Director of Housing & Community Development is hereby authorized and directed to forward said grant award and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. Section 4. The City Manager or his designee is hereby authorized and directed to execute related documents to ensure compliance with the grant agreement and timely expenditure of funds. Passed, approved, and adopted this 7th day of August 2023. Brad M. vanagh, Mayor Attest c- Trish L. Gleason, Assistant City Clerk DocuSign Envelope ID:0E69121E-D01E-4807-967B-DC6D9DDCB94F Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193 HI-00515Rof20515R exp 1l31/2025 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number City of Dubuque 426004596 TLJM HPVM MUDS(UEI) 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin Historic Federal Building 07101(2023 350 West 6s'Street,Suite 312 5a.Project/Grant No.1 6a.Amount Approved Dubuque,IA 52001 B-23-MC-19-0004 $1,031,452.00(by this action) 5b.Project/Grant No.2 6b.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions,as specified and required in regulations issued by the Secretary pursuant to Section l04(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) Anderson Stoute City of Dubuque Title Title Mayor CPD Director Signature Date(mmlddlyyyy) Signature Date(mmiddlyyyy) �13..S45netl by; X L, 7/14/2023 08/07/2e 3 `,—D9E779B3B15134AB Brad M. nag h 7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check one) (mm/dd/yyyy) ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ®Attached (mmlddlyyyy) ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 07/01/2023 11.Amount of Community Development Block Grant FY 2023 a.Funds Reserved for this Grantee b.Funds now being Approved $1,031,452.00 c.Reservation to be Cancelled (11a minus lib} 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and other requirements of HUD Title now or hereafter in effect,pertaining to the assistance provided it. Signature X HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmfddlyyyy) F 153 U00 1111 U i 7 6 �Y Project Number Amount Y Pro€ect Number Amount U Date Entered PAS(mmlddlyyyy) Date Entered LOCCS(mmlddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(5/15) DocuSign Envelope ID:OE69121E-D01E-4807-967B-DC6D9DDCB94F 8. Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2030. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2030. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/AgencX Indirect cost rate Cost Base % % % % % Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency(including if the de minimis rate is used per 2 CFR §200.414(�), and the type of direct cost base to which the rate will be applied(for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DLJNS); the System for Award Management(SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water- related and wastewater-related infrastructure), other structures DocuSign Envelope ID:OE69121E-D01E-4807-967B-DC6D9DDCB94F designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of generallocal government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations,but must use such funds for activities eligible under title I of the Act. (� E.O. 12372-Special Contract Condition -Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order(E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accardance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). (h) The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.